CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATION TOASSISTANCE AND SALVAGE AT SEA, 1910
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATION TOASSISTANCE AND SALVAGE AT SEA, 1910
Whole document
Article 1
Assistance and salvage of seagoing vessels in danger, of any things on
board, of freight and passage money, and also services of the same nature
rendered by seagoing vessels to vessels of inland navigation or
vice-versa, are subject to the following provisions, without any
distinction being drawn between these two kinds of service (viz.,
assistance and salvage), and in whatever waters the services have been
rendered.
Article 2
Every act of assistance or salvage of which has had a useful result
gives a right to equitable remuneration.
No remuneration is due if the services rendered have no beneficial
result.
In no case shall the sum to be paid exceed the value of the property
salved.
Article 3
Persons who have taken part in salvage operations notwithstanding the
express and reasonable prohibition on the part of the vessel to which the
services were rendered, have no right to any remuneration.
Article 4
A tug has no right to remuneration for assistance to or salvage of the
vessel she is towing or of the vessel's cargo, except where she has
rendered exceptional services which cannot be considered as rendered in
fulfilment of the contract of towage.
Article 5
Remuneration is due notwithstanding that the salvage services has been
rendered by or to vessels belonging to the same owner.
Article 6
The amount of remuneration is fixed by agreement between the parties,
and, failing agreement, by the court.
The proportion in which the remuneration is to be distributed amongst
the salvors is fixed in the same manner.
The apportionment of the remuneration amongst the owner, master and
other persons in the service of each salving vessel shall be determined by
the law of the vessel's flag.
Article 7
Every agreement as to assistance or salvage entered into at the moment
and under the influence of danger may, at the request of either party, be
annulled, or modified by the court, if it considers that the conditions
agreed upon are not equitable.
In all cases, when it is proved that the consent of one of the parties
is vitiated by fraud or concealment, or when the remuneration is, in
proportion to the services rendered, in an excessive degree too large or
too small, the agreement may be annulled or modified by the court at the
request of the party affected.
Article 8
The remuneration is fixed by the court according to the circumstances
of each case, on the basis of the following considerations: (a) firstly,
the measure of success obtained, the efforts and deserts of the salvors,
the danger run by the salved vessel, by her passengers, crew and cargo, by
the salvors, and by the salving vessel; the time expended, the expenses
incurred and losses suffered, and the risks of liability and other risks
run by the salvors, and also the value of the property exposed to such
risks, due regard being had to the special appropriation (if any) of the
salvors' vessel for salvage purposes; (b) secondly, the value of the
property salved.
The same provisions apply for the purpose of fixing the apportionment
provided for by the second paragraph of Article 6.
The court may deprive the salvors of all remuneration, or may award a
reduced remuneration, if it appears that the salvors have by their fault
rendered the salvage or assistance necessary or have been guilty of theft,
fraudulent concealment, or other acts of fraud.
Article 9
No remuneration is due from persons whose lives are saved, but nothing
in this Article shall affect the provisions of the national laws on this
subject.
Salvors of human life, who have taken part in the services rendered on
the occasion of the accident giving rise to salvage or assistance, are
entitled to a fair share of the remuneration awarded to the salvors of the
vessel, her cargo, and accessories.
Article 10
A salvage action is barred after an interval of two years from the day
on which the operations of assistance or salvage terminate.
The grounds upon which the said period of limitation may be suspended
or interrupted are determined by the law of the court where the case is
tried.
The High Contracting Parties reserve to themselves the right to
provide, by legislation in their respective countries, that the said
period shall be extended in cases where it has not been possible to arrest
the vessel assisted or salved in the territorial waters of the State in
which the plaintiff has his domicile or principal place of business.
Article 11
Every master is bound, so far as he can do so without serious danger
to his vessel, her crew and her passengers, to render assistance to
everybody, even though an enemy, found at sea in danger of being lost.
The owner of a vessel incurs no liability by reason of contravention
of the above provision.
Article 12
The High Contracting Parties, whose legislation does not forbid
infringements of the preceding Article, bind themselves to take or to
propose to their respective Legislatures the measures necessary for the
prevention of such infringements.
The High Contracting Parties will communicate to one another as soon
as possible the laws or regulations which have already been or may be
hereafter promulgated in their States for giving effect to the above
provision.
Article 13
This Convention does not affect the provisions of national laws or
international treaties as regards the organization of services of
assistance and salvage by or under the control of public authorities, nor,
in particular, does it affect such laws or treaties on the subject of the
salvage of fishing gear.
Article 14
This Convention does not apply to ships of war or to Government ships
appropriated exclusively to a public service.
Article 15
The provisions of this Convention shall be applied as regards all
persons interested when either the assisting or salving vessel or the
vessel assisted or salved belongs to a State of the High Contracting
Parties, as well as in any other cases for which the national laws
provide.
Provided always that-
1. As regards persons interested who belong to a non-contracting State
the application of the above provisions may be made by each of the
contracting States conditional upon reciprocity.
2. Where all the persons interested belong to the same State as the
court trying the case, the provisions of the national law and not of the
Convention are applicable.
3. Without prejudice to any wider provisions of any national laws.
Article 11 only applies as between vessels belonging to the States of the
High Contracting Parties.
Article 16
Any one of the High Contracting Parties shall have the right, three
years after this Convention comes into force, to call for a fresh
Conference with a view to possible amendments, and particularly with a
view to extend, if possible, the sphere of its application.
Any Power exercising this right must notify its intention to the other
Powers, through the Belgian Government, which will make arrangements for
convening the Conference within six months.
Article 17
States which have not signed the present Convention are allowed to
accede to it at their request. Such accession shall be notified through
the diplomatic channel to the Belgian Government, and by the latter to
each of the Governments of the other Contracting Parties, it shall become
effective one month after the despatch of such notification by the Belgian
Government.
Article 18
The present Convention shall be ratified.
After an interval of at most one year from the date on which the
Convention is signed, the Belgian Government shall place itself in
communication with the Governments of the High Contracting Parties which
have declared themselves prepared to ratify the Convention, with a view to
decide whether it should be put into force.
The ratifications shall, if so decided, be deposited forthwith at
Brussels and the Convention shall come into force a month after such
deposit.
The Protocol shall remain open another year in favour of the States
represented at the Brussels Conference. After this interval they can only
accede to it in conformity with the provisions of Article 17.
Article 19
In the case of one or other of the High Contracting Parties denouncing
this Convention, such denunciation shall not take effect until a year
after the day on which it has been notified to the Belgian Government, and
the Convention shall remain in force as between the other Contracting
Parties.
IN WITNESS WHEREOF, the plenipotentiaries of the respective High
Contracting Parties have signed this Convention and have affixed thereto
their seals.
DONE AT BRUSSELS, in a single copy, September 23, 1910.
nterrupted are determined by the law of the court where the case is
tried.
The High Contracting Parties reserve to themselves the right to
provide, by legislation in their respective countries, that the said
period shall be extended in cases where it has not been possible to arrest
the vessel assisted or salved in the territorial waters of the State in
which the plaintiff has his domicile or principal place of business.
Article 11
Every master is bound, so far as he can do so without serious danger
to his vessel, her crew and her passengers, to render assistance to
everybody, even though an enemy, found at sea in danger of being lost.
The owner of a vessel incurs no liability by reason of contravention
of the above provision.
Article 12
The High Contracting Parties, whose legislation does not forbid
infringements of the preceding Article, bind themselves to take or to
propose to their respective Legislatures the measures necessary for the
prevention of such infringements.
The High Contracting Parties will communicate to one another as soon
as possible the laws or regulations which have already been or may be
hereafter promulgated in their States for giving effect to the above
provision.
Article 13
This Convention does not affect the provisions of national laws or
international treaties as regards the organization of services of
assistance and salvage by or under the control of public authorities, nor,
in particular, does it affect such laws or treaties on the subject of the
salvage of fishing gear.
Article 14
This Convention does not apply to ships of war or to Government ships
appropriated exclusively to a public service.
Article 15
The provisions of this Convention shall be applied as regards all
persons interested when either the assisting or salving vessel or the
vessel assisted or salved belongs to a State of the High Contracting
Parties, as well as in any other cases for which the national laws
provide.
Provided always that-
1. As regards persons interested who belong to a non-contracting State
the application of the above provisions may be made by each of the
contracting States conditional upon reciprocity.
2. Where all the persons interested belong to the same State as the
court trying the case, the provisions of the national law and not of the
Convention are applicable.
3. Without prejudice to any wider provisions of any national laws.
Article 11 only applies as between vessels belonging to the States of the
High Contracting Parties.
Article 16
Any one of the High Contracting Parties shall have the right, three
years after this Convention comes into force, to call for a fresh
Conference with a view to possible amendments, and particularly with a
view to extend, if possible, the sphere of its application.
Any Power exercising this right must notify its intention to the other
Powers, through the Belgian Government, which will make arrangements for
convening the Conference within six months.
Article 17
States which have not signed the present Convention are allowed to
accede to it at their request. Such accession shall be notified through
the diplomatic channel to the Belgian Government, and by the latter to
each of the Governments of the other Contracting Parties, it shall become
effective one month after the despatch of such notification by the Belgian
Government.
Article 18
The present Convention shall be ratified.
After an interval of at most one year from the date on which the
Convention is signed, the Belgian Government shall place itself in
communication with the Governments of the High Contracting Parties which
have declared themselves prepared to ratify the Convention, with a view to
decide whether it should be put into force.
The ratifications shall, if so decided, be deposited forthwith at
Brussels and the Convention shall come into force a month after such
deposit.
The Protocol shall remain open another year in favour of the States
represented at the Brussels Conference. After this interval they can only
accede to it in conformity with the provisions of Article 17.
Article 19
In the case of one or other of the High Contracting Parties denouncing
this Convention, such denunciation shall not take effect until a year
after the day on which it has been notified to the Belgian Government, and
the Convention shall remain in force as between the other Contracting
Parties.
IN WITNESS WHEREOF, the plenipotentiaries of the respective High
Contracting Parties have signed this Convention and have affixed thereto
their seals.
DONE AT BRUSSELS, in a single copy, September 23, 1910.
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